What are the penalties for trading of illegal self-made guns in Vietnam?

Hello, Lawnet would like to answer as follows:

Self-made gun can be understood as guns made from homemade components or from a combination of available gun parts.

According to the provisions of Clause 3, Article 3 of the Law on management and use of weapons, explosives and combat gears 2017, self-made gun are considered a type of "cold weapons". Specifically as follows: “cold weapons” means weapons that have simple structures and operating principles and are manufactured in non-industrial and industrial manners, including: daggers, swords, spears, bayonets, knives, scimitars, cones, steel knuckles, maces, bows, crossbows, darts.

In addition, Clause 6, Article 4 of the Law on management and use of weapons, explosives and combat gears 2017 stipulates principles when research into, manufacture, trading, equipment, import, export, transport, repair and use of weapons, explosives, explosives precursors and combat gears shall obtain licenses and certificates issued by authorities.

Thus, if a person manufactures a homemade gun without being licensed or certified by a state agency, it is a violation of the law.

What are the penalties for trading of illegal self-made guns in Vietnam?

Selling self-made gun to others can be subject to administrative or criminal liability as follows:

+ For administrative sanctions

Pursuant to the provisions of Points c and d, Clause 4, Article 11 of Decree 144/2021/ND-CP stipulating penalties for violations in weapons use management activities as follows:

2. A fine ranging from 2.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:

....

c) Illegally manufacturing, storing, transporting, using weapons that have similar functions to hunting guns, cold weapons, sporting weapons or parts, assemblies for manufacture of weapons or combat gears with similar functions;

d) Manufacturing, providing, storing, transporting, repairing, using appropriating hunting guns, parts or assemblies thereof;

...

Thus, an individual who is not licensed by a competent state agency to manufacture guns but arbitrarily manufactures them, but not to the extent of being prosecuted for criminal liability, will be fined from 10,000,000 VND to 1,000,000 VND. 20,000,000 VND for each violation. In addition, the additional penalty is the confiscation of self-made gun and the forced surrender of money obtained from selling self-made gun.

+ For criminal prosecution

Pursuant to Article 306 of the Penal Code 2015, amended in 2017, the acts of illegal manufacture, possession, transport, use, trading or appropriation of hunting rifles, cold weapons, sporting weapons or combat gears are as follows:

1. Any person who illegally manufactures, possesses, transports, uses, deals in or appropriates a hunting rifle, cold weapon, sporting weapon or a weapon with similar functions or a combat gear despite the fact that he/she has incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence shall face a penalty of 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The quantity of the illegal items is large;

c) Illegal goods are transported or traded across the border;

d) The offence results in the death of a person;

dd) The offence causes ≥ 61% WPI for another person;

e) The offence causes a total WPI of 61% - 121% for more than one person;

g) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The quantity of the illegal items is very or extremely large;

b) The offence results in the death of ≥ 02 people;

c) The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of ≥ 122%;

d) The offence results in property damage assessed at ≥ VND 500,000,000.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 years.

Thus, any individual who has the act of manufacturing or trading self-made gun and has been administratively sanctioned but continues to violate them will be prosecuted for criminal liability for the crime of illegally manufacturing and trading hunting guns. Specifically, the lowest penalty range for this crime is imprisonment from 3 months to 2 years; the highest imprisonment range can be up to 7 years in prison. In addition, violators may also be fined from 10 million to 50 million VND.

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